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Endgame, finally

As defense rests, reporter ponders
why the public followed the case

Mike Taibbi
Correspondent

E-mail
commentary
By Mike Taibbi
Correspondent
NBC News
updated 2:08 p.m. ET May 31, 2005

SANTA MARIA, Calif. - A silver-haired attorney stood and said “The defense rests,” not calling any of the rebuttal witnesses he’d been expected to call, and the vast machine of the Jackson trial press corps poured out of the courtroom to report the news. After 13 weeks, 60 days of testimony, 140 witnesses and more than a dozen years of allegations, rumors, intermittent tabloid frenzy and Ahab-like persistence from a local District Attorney, the question of whether an entertainer of world-class stature is also a pedophile is about to be answered by a jury.

With no final defense rebuttal, the last piece of evidence presented by the prosecution to the 20 local citizens in the jury box (12 primary jurors plus eight alternates) was an hour-long videotape of the understandably sympathetic first police interview with Jackson’s young accuser. Mumbling and with seeming reluctance, the boy related the sordid details of his alleged molestation by the faded popstar over a few nights in the winter of 2003.

“Once you share this you’ll feel better,” prodded Sgt. Steve Robel. The boy, a cancer survivor, fidgeted in his chair, eyes downcast. Robel asked what sports he liked, he said “football and baseball.”

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“I wanted to be a pro ballplayer,” the veteran cop said. “I was scouted by the Philadelphia Phillies, they came to talk to me and my parents. But certain things got in the way… it’s called politics.”

Taped allegations
Soon enough the boy told his story. That Jackson trolled internet porn sites with him on the night they first met at Neverland. That he gave him wine, vodka, scotch and rum. That he talked often about sex, shared his collection of pornographic magazines and, “…maybe five times or so,” reached over as the two shared Jackson’s bed, after both had been drinking, and fondled him.

The jurors had heard those specific allegations before when the boy had testified earlier in the trial. I watched the boy on the tape: Were his hesitations and lack of eye contact evidence of the established difficulty male victims of male pedophiles have in first disclosing their molestation? Or was it a performance by a skilled and experienced liar as defense witnesses made him out to be? I looked at the jury box a couple of times: They were watching and listening, but gave no obvious hint of what they were thinking.

“You’ve been through hell,” Sgt. Robel was saying near the end of the interview. “What he has done to you, he is the bad person, not you. You, your mom, your sister, your brother… you’re the good people. You guys are doing the right thing, you’re helping a lot of people.”

Robel asked the boy if he’d “be open to making a phone call to Michael”-- a pretext call in hopes that the popstar would make a damaging admission.

The boy shook his head. It was going to be his word… and that of his mother, sister and brother…against Jackson’s. Period. Four months later, with virtually no further substantive investigation beyond the interviews with the accuser and his family, one of the most famous people on the planet would be arrested. The tape ended.

The courtroom lights came back on. The silver-haired lawyer, Jackson’s lead attorney Tom Mesereau, stood up, said his three words, and sat down. A defense source had told me Mesereau had studied the tape and “wasn’t worried about it,” convinced, the source said, that the jury already had an indelible picture of the boy and his family as grifters out to skin any available mark, especially celebrities, with the boy’s sickness as their currency of persuasion.

I ambled deliberately out of court while other reporters raced past me to spread the news worldwide. Jury instructions and final arguments after the holiday weekend, and then those citizens in the box will do their thing. And then, thankfully for me, home.


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